Website Terms and Conditions of Use
1. Introduction
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement made between Elements Healthcare Pty Ltd (“we”, “us”, or “our”), and you, whether personally or on behalf of an entity (“you”). These Terms govern your use of our websites elementshealthcare.com.au and elementshealth.com.au (the “Website”), including all information, tools, and services available from this Website to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website, using the website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
2. Intellectual Property Rights
Unless otherwise stated, we own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may access this from the Website for your own personal use subjected to restrictions set in these Terms.
3. User Representations
By using the Website, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (f) you will not use the Website for any illegal or unauthorized purpose; and (g) your use of the Website will not violate any applicable law or regulation.
4. User Obligations
You agree to observe and uphold all applicable laws and regulations and are solely responsible for all acts or omissions that occur under your account or password. You may not use our Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
5. Limitation of Liability
In no event will we, our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
6. Disclaimer
Your use of the Website is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
7. Indemnification
You agree to indemnify, defend, and hold harmless Elements Healthcare Pty Ltd, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, obligations, costs, actions, or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Website; (b) your breach of any of these Terms; (c) anything you post on or upload to the Website; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Website using your account whether such access is obtained via fraudulent or illegal means.
8. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
10. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
11. Contact Information
For any questions regarding these Terms, please contact Elements Customer Service.
This document was last updated on 29/02/2024.